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POLICE

Why you might be stopped by the police in Switzerland

It goes without saying that you don’t want to attract the attention of law enforcement officers, regardless of your nationality. Here’s what you should know about the reasons you might be stopped in Switzerland.

Published: 22 May 2023 12:35 CEST
Why you might be stopped by the police in Switzerland
There are some situations when you may be stopped by Swiss police (here in Lausanne). Photo by Fabrice Coffini / AFP.

One thing to know is that in many cases being questioned by police has nothing to do with your nationality.

For instance, you may be stopped while driving (along with other motorists) for a random identity and sobriety check, or you could be asked questions because you have witnessed a crime or a road accident.

In both of these cases, you have nothing to be concerned about — provided you are in Switzerland legally and have not committed any infractions yourself.

A different type of situation may arise if someone reports you as a law-breaker.

Whether you are guilty or innocent, police will have to question you to find out if accusations against you are true.

This is undeniably an unpleasant process through which you must go, even if you are innocent of all charges.

If this happens to you, go to the police station when summoned, bring any pertinent documents you need, and answer any questions truthfully — just as you would in your own country.

READ ALSO: Five Swiss laws foreigners are bound to commit

If you are not proficient enough in your canton’s language, inform the police ahead of time and they will provide an interpreter.

Depending on how the case evolves, you may need an attorney to represent you, which the court will appoint free of charge if you are unable to afford one yourself and don’t have legal insurance.

READ MORE: Why you need ‘legal protection insurance’ in Switzerland

Are there situations when you may be targeted specifically because you are a foreigner?

Yes, and these are the possible scenarios:

On the road

You are driving a car with a foreign registration, which corresponds to a vehicle being sought by police. In such a case you’d be pulled over and your documents would be checked to verify your identity.

You could be stopped for a random road check. Photo by SEBASTIEN BOZON / AFP

You are in Switzerland illegally and are caught

If this happens, police will come knocking on your door and you’ll likely be given a certain period of time to leave the country or face deportation.

READ ALSO: When can a foreigner be ordered to leave Switzerland? 

You are sought by your nation of origin for crimes you committed there

Swiss police will extradite you back to your home country. (However, Switzerland doesn’t extradite for political offences, such as dissension, for instance, but only for criminal ones).

There are other situations as well when you might be breaking the law, even if inadvertently.

You drive on a Swiss motorway without a sticker

Unlike in Italy, France, and many other countries, Switzerland doesn’t have tolls — that is, roads where you have to stop and pay for using the road.

Instead, it has a motorway vignette, purchased annually, for 40 francs.

If you don’t have one affixed to your windshield and and are stopped by police, you could be fined 200 francs.

READ ALSO: What you need to know about Switzerland’s motorway charge sticker

By the same token, you could be fined for noncomplying with a myriad of other driving rules, including some truly wacky ones, like eating a croissant behind the wheel of your car or taking your feet off the pedal while cycling.

Not recycling / disposing of your trash properly

If you are a new arrival, you may not yet know that the Swiss have very strict rules about how to pack and dispose of your waste in a correct manner.

You can’t just put it into a bag and throw it out haphazardly. Instead, you must use taxed bags (different for each canton), and put your trash away on designated days and in designated spots only.

If you fail to do so, you will be found out and fined, with the amount determined by your municipality.

This is definitely a ‘punishable’ offence. Photo: Pixabay

READ ALSO: What are Switzerland’s rules for waste disposal and recycling?

These are the legitimate reasons a foreigner would be stopped by Swiss police. But there are others as well:

Racial profiling

This happens when race or ethnicity are used as grounds for suspecting someone of having committed an offence.

This act is officially illegal, as Swiss legislation prohibits discrimination based on ethnic origin, nationality, religion, or sexual orientation. 

There have, however, been instances when Swiss law enforcement officers have been accused of this practice.

One thing to keep in mind, whether you are Swiss or foreigner, is that police in Switzerland can’t arbitrarily ask a person to see their ID; they can only do so if there are reasonable grounds for such a request.

If that happens, you should always comply — even if you believe police are targetting you unjustifiably.

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PROTESTS

How free are people to protest in Switzerland?

As a centre of international diplomacy and cooperation and with its unique system of direct democracy, Switzerland enjoys a reputation for upholding fundamental human rights—but how free are the Swiss to express their opposition to power?

Published: 24 April 2024 15:25 CEST
How free are people to protest in Switzerland?

In its recently released 2024 report, Amnesty International criticised Switzerland for imposing restrictions on the right to protest and for dispersing protests violently. 

So what’s the problem? 

While not an explicit ban on protest, Amnesty International considers the obligation in some Swiss cantons for protest organisers to gain official approval and shoulder potential costs to be a repressive measure—essentially a ‘workaround’ in cooling dissent.

Amnesty International’s criticism comes on the heels of other concerns.   

In 2024, Amnesty International joined with the United Nations in criticizing moves by some Swiss cantons and cities to ban protests regarding the Middle East conflict as ‘disproportionate’. 

Read More: How ordinary citizens can try to change the law in Switzerland

The organization has also highlighted the continued use of rubber bullets by Swiss police in dispersing protests as a serious area of concern. 

Furthermore, any changes to protests are controlled or permitted in Switzerland must be made through individual cantons due to the country’s devolution of specific powers – a process that could take years. 

So what restrictions have been introduced in Switzerland?

In early March, the ‘Anti-Chaoten’ initiative put forward by the right-wing Swiss People’s Party (SVP) youth wing, which would have placed significant legal and financial burdens on protesters, was rejected in a Zurich cantonal referendum. However, a counterproposal by cantonal authorities was accepted at the polls.

The successful counterproposal requires explicit permission from authorities to hold a protest or rally, as well as passing on the cost of the police operation, as well as any intentional damage, to protest organizers. Failure to gain approval for protests can result in charges being laid. 

Following the success of the Zurich measure, the Basel SVP intends to introduce a similar proposal to be voted on in August – with the same likely result.

Which protests have been dispersed violently in Switzerland? 

Due to global events, protests have become increasingly common in Switzerland over the last five years. Most have been peaceful, but there have been exceptions.

Measures introduced to limit the spread of the coronavirus between 2020 and 2022 led to violent protests being dispersed in Bern, Zurich and Lucerne. 

Read More: Switzerland to impose tougher penalties for violent protesters

Climate change protests have also been violently dispersed by police, using pepper spray and rubber bullets – such as in Basel in February 2023.

Amnesty International has also raised serious concerns regarding the police dispersal of an International Women’s Day protest in Basel on March 17th of this year, in which rubber bullets were also used. 

Most recently, opponents of the Eritrean regime were dispersed with tear gas and water cannons at a demonstration in Gerlafingen, Aargau, on March 31st. 

What right do the Swiss have to protest? 

The right to peaceful protest is enshrined in the Swiss federal constitution—Article 16 provides for freedom of expression, while Article 23 protects the right to free association. 

Indeed, in 2020, the country successfully introduced a resolution to the United Nations Human Rights Council, calling for world governments to protect the right to protest and not use the coronavirus pandemic as a reason to curtail freedoms. 

Read More: What foreigners should know about the Swiss constitution

Furthermore, the country is a signatory to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, as well as the Optional Protocol to the Convention Against Torture, which could have some bearing on how protests are dispersed.  

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